UBER9 BUSINESS Vs. CHAIRMAN/PRINCIPAL JUDGE

JUDGEMENT

(1.) The present Civil Revision Petition has been filed under Article 227 of Constitution of India to set aside the Docket order of the Hon'ble Chairman / District Judge in returning the Mediation Application filed on 28/11/2019 under Sec. 12A of the Commercial Courts Act, 2015 on the file of the District Legal Services Authority, on the ground that the same is contrary to law, manifestly erroneous and unjust.

(2.) The case of the petitioner is that the 2nd respondent, vide its order dtd. 22/8/2014 held that Schemes of M/s PACL Limited were in the nature of collective investment schemes and interalia directed the PACL Ltd., its promoters and its Directors to wind up all of its collective investment schemes and refund the monies collected by it under its schemes with returns which were due to its investors / depositors. The refunds were to be disbursed, as per the terms of offer within a period of three months from the date of the order. Aggrieved by the said order, M/s PACL appealed before the Securities Appellate Tribunal [hereinafter referred to as SAT] and by order dtd. 12/8/2015, the authority dismissed the appeals and upheld the order of the 2nd respondent. In consequence, M/s PACL filed appeals in C.A.Nos.13319 and 13394 of 2015 before the Hon'ble Supreme Court and the said court had constituted a committee under the chairmanship of Hon'ble Justice (Retd) Mr.R.M.Lodha (Former Chief Justice of India) for disposing of the land purchased by the said company, in order to pay the depositors by way of sale proceeds, who have invested their funds in M/s PACL for purchase of land under the alleged scheme.

(3.) Subsequently, the said Committee in order to implement the said directions of the Hon'ble Supreme Court, decided to collect and collate the claims of all such depositors and investors throughout India, by designing a website to receive the details and invite claims from the multitude of depositors scattered across the country, so as to be verified with the PACL database as provided by M/s PACL to the committee. The committee floated tenders towards the said purpose. The petitioner having offered the most competitive quotation and having met all the evaluation matrix criteria as well as the technical expertise, was awarded with the contract vide Work Order No.JMRLC/PACL/No.2917 dtd. 17/10/2017 with general terms and conditions.